Reciprocity between states, DUI.

[disgruntledhuman]

If I lose my license in one state, and them move, can the state I move to deny me a license for a different amount of time? What would prevent them from doing so?

 

[Just Blue]

If I lose my license in one state, and them move, can the state I move to deny me a license for a different amount of time? What would prevent them from doing so?

What state did you lose the license in and for what reason? What state are you moving to?

 

[disgruntledhuman]

For instance, Melanies Law (Ma) prescribes specific protocol for repeat offenders based off of the compelling government interest of public safety, but it does not apply to offenders from other states coming to MA. I assume once the offender has completed the statutory requirements he would not be subjected to another states statute as well, should he move? What's to prevent states from imposing such a statutory scheme to keep the public safe from repeat DUI offenders? Is there some legal reason? Could VT for instance say ANY DUI from ANY state will be denied a permit in VT? Would it be legal?

 

[disgruntledhuman]

What state did you lose the license in and for what reason? What state are you moving to?

Honestly its a hypothetical to understand the law better. COULD a state implement a statute to impose the loss of a license (in their state) based off of a conviction in another state? Could they even prevent a MA driver from passing through their state based solely off of their conviction history?

 

[adjusterjack]

Don't drive drunk and you won't have to be concerned about it.

 

[disgruntledhuman]

Don't drive drunk and you won't have to be concerned about it.

Say I did 20 years ago, would it be legal for a state to pass a law saying you can't drive in our state based off of your conviction in another state 20 years ago?

 

[disgruntledhuman]

Don't drive drunk and you won't have to be concerned about it.

Say I did 20 years ago, would it be legal for a state to pass a law saying you can't drive in our state based off of your conviction in another state 20 years ago?
[/QUOTE]
What is there to prevent a state from doing such a thing? Please pardon my ignorance, but what limits the governments authority?

 

[Taxing Matters]

If I lose my license in one state, and them move, can the state I move to deny me a license for a different amount of time? What would prevent them from doing so?

Yes, and that is what will happen if you move between any of the 45 states and DC that are parties to the Driver's License Interstate Compact. Under that agreement, if you are convicted of a traffic offense, including DUI, in one state that is a party to the compact and then move to another compact state, the new state is to apply its own law in determining the consequences for the loss of your license.

 

[Taxing Matters]

Say I did 20 years ago, would it be legal for a state to pass a law saying you can't drive in our state based off of your conviction in another state 20 years ago?

The way it works under the Interstate compact that is not a result you would get. At the very least the new state's statute of limitation should keep the state from going back that far in denying you a license and where the license is actually permanently revoked in the first state, rather than temporarily suspended or revoked, the driver may apply for a new license in the new state after one year. That doesn't mean the driver automatically gets the license back, but instead the DMV would apply their state's law to determine if you are now safe to drive on the roads of their state. In many states that is tough to do right after the first year passes. Pretty much every DMV will automatically deny the license and you have to appeal that denial in the courts. In my state some drivers have had success in court getting their license back. But each state's law is different, so a person in that situation would need to ask for advice from a DUI attorney in that state to see how likely it is that he or she can get a license in that state.

 

[commentator]

Ah, the days before computers! (more than 20 years ago now) When a person with five convictions for DUI in one state could skip bond, and move to another state and obtain a drivers license. Know of a case like that. But that doesn't happen anymore. We are all glad.